Waiver Agreement for Extension of Audited Financial Statement Delivery Deadline by Lenders to MLP and Subsidiaries

Contract Categories: Business Finance › Waiver Agreements
Summary

This agreement involves multiple lenders, including Royal Bank of Canada, JP Morgan Chase Bank, Fortis Capital, and others, approving a waiver to extend the deadline for the MLP and its subsidiaries (including the Borrower) to deliver their audited consolidated financial statements and the accompanying auditor's opinion. Instead of the usual 90-day deadline, the lenders permit delivery at any time before April 30, 2005. The waiver is formally approved and signed by each lender's authorized representative.

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EX-10.1 2 a2155245zex-10_1.htm EX 10.1
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Exhibit 10.1

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Royal Bank of Canada
 
 

By:
 
/s/  LORNE GARTNER      
 
 
Name:   Lorne Gartner    
Title:   Managing Director    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
JP Morgan Chase Bank, N.A. successor by merger to Bank One, N.A.

By:
 
/s/  JEANIE C. GONZALEZ      
 
 
Name:   Jeanie C. Gonzalez    
Title:   Director    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Fortis Capital
 
 

By:
 
/s/  CASEY LOWARY      
 
 
Name:   Casey Lowary    
Title:   Senior Vice President    
Date:   4-5-2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Societe Generale
 
 

By:
 
/s/  STEPHEN W. WARFEL      
 
 
Name:   Stephen W. Warfel    
Title:   Vice President    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
U.S. Bank National Association
 
 

By:
 
/s/  KATHRYN A. GAITER      
 
 
Name:   Kathryn A. Gaiter    
Title:   Vice President    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Wachovia Bank, National Association

By:
 
/s/  PHILIP TRINDER      
 
 
Name:   Philip Trinder    
Title:   Vice President    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Bank of Oklahoma National Association

By:
 
/s/  MICHAEL M. LOGAN      
 
 
Name:   Michael M. Logan    
Title:   Senior Vice President    
Date:   3/31/05    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Bank of Scotland
 
 

By:
 
/s/  AMENA NABI      
 
 
Name:   Amena Nabi    
Title:   Assistant Vice President    
Date:   March 30, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
ComericaBank
 
 

By:
 
/s/  PETER L. SEFZIK      
 
 
Name:   Peter L. Sefzik    
Title:   Vice President    
Date:   3/31/05    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
General Electric Capital Corporation

By:
 
/s/  KEVIN WALSH      
 
 
Name:   Kevin Walsh    
Title:   Manager—Operations    
Date:   March 31, 2005    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Guaranty Bank
 
 

By:
 
/s/  JIM HAMILTON      
 
 
Name:   Jim Hamilton    
Title:   Senior Vice President    
Date:   3-31-05    

The undersigned Lender hereby

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APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Key Bank N.A.
 
 

By:
 
/s/  THOMAS RAJAN      
 
 
Name:   Thomas Rajan    
Title:   Vice President    
Date:   03-30-05    

The undersigned Lender hereby

ý
APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Sun Trust Bank
 
 

By:
 
/s/  JOE MCCREERY      
 
 
Name:   Joe McCreery    
Title:   Vice President    
Date:   3/30/05    

The undersigned Lender hereby

ý
APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
Wells Fargo Bank
 
 

By:
 
/s/  TIM GREEN      
 
 
Name:   Tim Green    
Title:   Portfolio Manager    
Date:   3/31/05    

The undersigned Lender hereby

ý
APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
West LB
 
 

By:
 
/s/  VINDA JENVEJA      
 
 
Name:   Vinda Jenveja    
Title:   Director    
Date:   3/31/05    

The undersigned Lender hereby

ý
APPROVES the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

o
DOES NOT APPROVE the waiver of the 90-day delivery deadline for audited consolidated financial statements of the MLP and its Subsidiaries, including the Borrower (and the accompanying opinion of the MLP's independent certified public accountants) to permit delivery of audited financial statements and the auditors opinion at any time prior to April 30, 2005.

Lender's Name:
 
UFJ Bank Limited
 
 

By:
 
/s/  E. J. PERENYL      
 
 
Name:   E. J. Perenyl    
Title:   Vice President    
Date:   March 30, 2005    


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    Exhibit 10.1